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Q:

What is Bullying Under New York law?

A:

Recently, New York State's Education Law was amended, and now it defines harassment and bullying (and cyberbullying) as follows:

Section 11.

"Harassment" and "bullying" shall mean the creation of a hostile
environment by conduct or by threats, intimidation or abuse, including
cyberbullying, that (a) has or would have the effect of unreasonably and
substantially interfering with a student's educational performance,
opportunities or benefits, or mental, emotional or physical well-being;
or (b) reasonably causes or would reasonably be expected to cause a
student to fear for his or her physical safety; or (c) reasonably causes
or would reasonably be expected to cause physical injury or emotional
harm to a student; or (d) occurs off school property and creates or
would foreseeably create a risk of substantial disruption within the
school environment, where it is foreseeable that the conduct, threats,
intimidation or abuse might reach school property. Acts of harassment
and bullying shall include, but not be limited to, those acts based on a
person's actual or perceived race, color, weight, national origin,
ethnic group, religion, religious practice, disability, sexual
orientation, gender or sex. For the purposes of this definition the term
"threats, intimidation or abuse" shall include verbal and non-verbal
actions.
8. "Cyberbullying" shall mean harassment or bullying as defined in
subdivision seven of this section, including paragraphs (a), (b), (c)
and (d) of such subdivision, where such harassment or bullying occurs
through any form of electronic communication.